IRCC’s employer compliance inspection instructions set out how conditions related to the Emergencies Act, the Quarantine Act and provincial COVID-19 public health laws may be assessed for employers under the International Mobility Program.
Employer conditions covered by the instructions
The instructions say employers must not prevent a foreign worker from complying with requirements under the Emergencies Act or the Quarantine Act, or require the worker to do anything contrary to those requirements.
They also state that employers must not prevent a worker from complying with provincial public health laws adopted in response to COVID-19.
During self-isolation or quarantine on entry to Canada when required by an order under the Quarantine Act, employers must provide wages that are substantially the same as those set out in the offer of employment. The instructions state that International Mobility Program employers are not required to provide accommodation or incur other quarantine-related costs, apart from paying these wages.
Sick leave and telework during quarantine
If a foreign worker becomes ill after the initial isolation or quarantine period and must isolate again under a provincial or territorial requirement, sick leave or other appropriate leave provisions apply.
Telework during quarantine is permitted where the worker remains compliant with the Quarantine Act and Public Health Agency of Canada guidelines. The work must be suitable for telework, consistent with the employment contract or offer of employment, and supported by the equipment needed to work from the quarantine location.
When an employer may be inspected
An employer may be selected for inspection if IRCC or Employment and Social Development Canada is notified of the introduction or spread of a communicable disease at a location where the foreign worker performs work. Selection may also occur where the employer employs a foreign worker who is or was subject to an order or regulation under the Emergencies Act or the Quarantine Act.
The instructions state that an employer may be selected if the applicable conditions are met at any time within six years of the work permit being issued, including during a mandatory isolation or quarantine period. Employers must retain compliance-related documents for six years and provide required information and documents.
How inspections may proceed
During a pandemic, ESDC may not conduct on-site inspections. The instructions say officers may contact employers by telephone or electronic correspondence to begin an inspection or request additional documents.
To support public health, an inspection should be launched within the first 14 days of a temporary worker’s arrival in Canada and completed within 30 days. For these conditions, a notice of preliminary finding is deemed received five days after it is sent, and the employer has five days to respond.
The instructions note that an employer may have a justification for non-compliance with certain conditions where there was a good-faith error in interpretation, such as misunderstanding Quarantine Act requirements.
Frequently Asked Questions
Do these instructions apply to employers in the International Mobility Program?
Yes. The instructions support employer compliance inspections involving employers under the International Mobility Program.
Source: Official IRCC announcement